You're separating. Now what?

• Published date: 31 March 2024
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Cavell Leitch
• Author: Ms Anna Bodman and Penny Henderson

There are a number of things you can do to make it easier. Here are some things to think about:

When you're going through a separation, it's difficult to know where to start. Often couples have been together for a significant period and it's hard to know how to start unravelling their joint lives. The process can be overwhelming, but there are a number of things you can do to make it easier. Here are some things to think about:

Record your separation date

The separation date is the date when one of you communicated that the relationship was at an end. Nothing formal is required, but it is helpful to take a note in your phone to when this occurred. This date is important because it draws a line in the sand in terms of property sharing and is the date used when determining the value of your assets. It's important to keep a record of this date, and any evidence of your separation (such as emails, text messages etc.), in case there is a dispute down the track.

Get your mind right

People often underestimate the emotional toll that separating can have on them. It can be a long process with emotional negotiations. Talking to friends or a therapist can help give perspective and enable you to approach negotiations with a level head.

Plan for financial independence

Once you separate, your income becomes your separate property. If you don't already have a bank account in your sole name, now is the time to set one up. Have your income paid into that account, rather than a joint account. You are still required to contribute to your household expenses (if you were doing this during the relationship), so make sure you are putting money back into your joint account to cover these costs. If you are not earning an income, agreeing on interim financial support will be a priority. If this is not something you and your partner can agree on, your lawyer will be able to guide you through your entitlements.

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